HINDU RELIGIOUS ENDOWMENTS & ORS. vs B. SAMITRA & ORS.

The Supreme Court held that under Section 27 of the Orissa Hindu Religious Endowments Act, 1951, the appointment of non-hereditary trustees can only occur after a determination of the institution's status as public or private under Section 41. The Court emphasized that the Assistant Commissioner must first establish whether there are hereditary trustees before proceeding with such appointments. The High Court's ruling was upheld, confirming that the Assistant Commissioner acted without jurisdiction by not making the necessary determinations prior to the appointment of trustees.